Conover v. Ellis
New Jersey Superior Court Appellate Division
On appeal from decree of the Monmouth county orphans-court allowing account and fixing commissions of the executor of the will of Ellen L. Conover, deceased.
1Opinion of the Court
The Ordinary.
Upon the allowance of the executor’s final account, the orphans-court fixed his commissions at five percentum upon the sum of $63,175.43; that is, at $3,158.97. The appellant, who takes the entire estate, except some specific legacies, for his life, appeals from this allowance, as excessive. It is the greatest sum that the statute will permit the court to give.
Commissions are to be allowed as compensation, upon reference to the actual pains, trouble and risk of an executor in settling the estate, rather than with reference to the quantum of the estate, and they must not exceed a…
2Cited by3 opinions
- In Re McMillinNew Jersey Court of Chancery · 1936
- Gates v. Plainfield Trust Co.New Jersey Superior Court Appellate Division · 1938
- In Re Fidelity Union Title, C., Co.New Jersey Court of Chancery · 1945